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Can interim maintenance be granted in domestic violence cases?

Can interim maintenance be granted in domestic violence cases?

22-Mar-2026

Domestic Violence

Answer By law4u team

Yes. Interim maintenance can be granted in domestic violence cases in India to provide immediate financial support to the aggrieved woman during the pendency of the case. Under the Protection of Women from Domestic Violence Act, 2005 the Magistrate has the power to grant interim monetary relief if the woman is unable to maintain herself or is facing financial hardship due to domestic violence. Interim maintenance is a temporary arrangement meant to ensure that the woman can meet her basic living expenses such as food, clothing, accommodation, medical costs, and expenses for children until the final decision of the case is made. The court may pass an interim order based on the prima facie facts, income details of the respondent, and the needs of the aggrieved person. The woman usually needs to file an application along with her complaint or during the proceedings requesting interim relief. The court does not always wait for full evidence and may grant relief quickly if urgency is shown. Interim maintenance under this law is separate from maintenance that may be claimed under other legal provisions. A woman may also seek maintenance under criminal procedure law or personal laws depending on her situation, and courts may adjust amounts to avoid duplication. If the respondent fails to comply with the interim maintenance order, the court can take enforcement action which may include recovery proceedings, attachment of property, or other legal consequences. Interim maintenance is an important protective measure because legal proceedings can take time, and the law aims to prevent financial hardship during that period.

Answer By Anik

Dear client, Yes, you grant interim maintenance in cases on issues of Domestic Violence in accordance with the provisions of the Protection of Women from Domestic Violence Act, 2005. When a woman is complaining that she is being subject to domestic violence, she can apply for monetary compensation through section 20, including maintenance to herself and her children. During the pendency of the case, the Magistrate has the power of granting interim maintenance to the aggrieved woman in order to ensure that the aggrieved woman is not rendered unaided by financial support. The court is empowered to pass such an order depending upon the prima facie situation of the case taking into consideration factors such as the requirements of the woman, standard of living, income of the respondent. Interim maintenance is granted as a temporary relief pending final disposal of the case, and it is intended to be provided for immediate financial relief towards money for basic necessities like food, shelter, medical requirements and others. Failure to comply with such an order can result in law enforcement proceedings, including enforcement proceedings.

Answer By Ayantika Mondal

Dear Client, Interim maintenance can be granted in domestic violence proceedings through the statutory relief system which exists under the Protection of Women from Domestic Violence Act 2005. The main provision of the Act gives the Magistrate power to provide monetary relief which includes maintenance support for the woman and her children to cover expenses and damages that occurred because of domestic violence. The court can provide this relief before the final ruling because it needs to deliver urgent financial aid to the affected parties. Section 23(1) of the Protection of Women from Domestic Violence Act 2005 gives the provides Magistrate with the porter to issue ex parts orders upon establishment of prima facie evidence. The provision allows the court to deliver emergency relief which includes interim maintenance without waiting for the complete trial process to finish. The court uses affidavit evidence together with existing materials to establish interim orders which protect the rights of the affected individual. The Domestic Violence Act permits individuals to seek maintenance rights which exist alongside their right to pursue other remedies through personal laws and Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023. The Magistrate uses income information along with standard of living data and aggrieved person's requirements to determine maintenance payments. The tribunal evaluates relevant documents which include income proofs and expense records and affidavits as evidence according to Sections 61 and 63 of the Bharatiya Sakshya Adhiniyam 2023. The legal system grants interim maintenance as a recognized form of support which provides immediate financial protection to victims during domestic violence legal proceedings. I hope this answer was helpful. For further queries, contact us. Thank you.

Answer By Anik

Dear client, Yes, a woman is entitled to compensation for mental harassment under Protection of Women from Domestic Violence Act, 2005. The Act specifically recognizes not only physical abuse, but emotional, verbal and psychological abuse as forms of domestic violence. Under Section 22, the aggrieved woman has the right to claim compensation and damages for mental torture, emotional distress and mental struggles caused by the acts of the respondent. To get such relief, the woman may move the Magistrate seeking such relief either in conjunction with or apart from other reliefs such as protection or maintenance. The court while considering the facts and circumstances of the case might award monetary compensation on the basis of extent of mental harassment, effect on her well-being and cartilage of the respondent. This is provided to ensure that a woman is not only safeguarded from further abuse, but also legally compensated for the harm that she has already suffered.